
Human Rights Standards between Recognition, Confirmation, Affirmation and Change
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Content
- Cover
- Titel
- Imprint
- Table of content
- ACKNOWLEDGEMENTS
- Introduction
- A. Contemporary Challenges on Human Rights and Global Justice
- I. Gender Matters: Personal is Political
- 1. In the Irish Senate
- 2. Cases in Court
- 3. Participation in Public Life
- II. Human Rights Protection
- 1. 1997 Reform Package of Kofi Annan: The Holistic Nature of Human Rights
- 2. Embedding Human Rights Within Local Culture
- 3. The Global Compact on Business and Human Rights
- III. Global Justice and Local Context
- 1. Global Warming: Climate Justice Approach
- 2. Geopolitical Segregation: Challenges to the Values of Human Rights
- 3. Domination of Social Media
- IV. Concluding Remarks
- B. Witnessing an Era of the Gender Equality in Taiwan
- I. Introduction
- II. The evolution of the women's movement in Taiwan: Awakening of women's awareness
- III. Revision of laws from the private to the public sphere
- IV. Peng Wanru's Case: Transforming women's movement to national system
- V. Signing CEDAW to align with international standards
- VI. The long road to the same sex marriage
- VII. Current challenges
- C. Dignity, Non-discrimination, and Rights of LGBTIQ+ - Challenges of Same-Sex Family Relations
- I. International Approaches to Human Dignity, Non-Discrimination and LGBTIQ+ Rights
- 1. The Historical Setting of LGBTIQ+ Rights
- 2. Sexual Orientation and Gender Identity
- 3. Yogyakarta Principles
- 4. Non-Discrimination and Specific Human Rights Relating to LGBT and the Practice of UN Bodies
- 5. National and Regional European Level: Challenges Posed for Same-Sex Families
- a) Germany
- b) European Court of Human Rights (ECtHR)
- c) European Union Law
- d) Taiwan
- II. The Legal Position of Transgender People
- III. Conclusion
- D. The quest for equality: Changes in the Taiwanese legal landscape for LGBTQ+ rights
- I. Introduction
- II. Legalization of same-sex marriage
- 1. The quest for same-sex marriage legislation
- 2. The concept of equality for LGBTQ+ people in the Constitutional Court
- III. The ongoing journey from same-sex marriage to LBGTQ+ rights
- 1. "Forced coming out" and the problem of a comparator
- 2. Evolving conceptions of gender equality and the need for an Equality Act
- IV. Conclusion
- E. Making "Intersectionality" Through Human Rights Reporting: Sexual and Reproductive Health of Disabled Women
- I. Introduction: Legal and policy contexts of reproductive rights
- II. Intersectional discrimination against women with disabilities
- III. Presenting "intersectionality" through human rights reporting
- 1. Before 2014: Disabled women as a "category" of disadvantage
- 2. Turning point: The CEDAW and CRPD review in 2014 and 2017
- 3. "Intersectionality" being highlighted: The CRPD review in 2021
- 4. Intersectional concerns voiced through SRH rights monitoring
- IV. Concluding remarks
- F. The Dialogue Between Indigenous Persons with Disabilities in Taiwan and the CRPD: An Investigation of an Atayal Tribe
- I. Introduction
- II. Literature Review
- 1. Core Values of the CRPD and Accessibility of Community Services
- a) Core Principles and Values of the CRPD
- b) Accessible Community Services for PWDs: The Implementation of CRPD Core Values
- 2. CRPD Perspectives on Disability Policies vs. Indigenous Policies
- a) The Impact of Capitalist Exploitation on the Global South
- b) CRPD and the Social Model May Not Be Universally Applicable
- 3. Indigenous Studies vs. Disability Studies: Core Conceptual Differences
- a) Social Disability vs. Social Suffering
- b) Individual Rights vs. Collective Rights
- c) Universal Welfare vs. Anti-Welfare Colonialism
- d) The Challenges of Implementing CRPD in Indigenous Peoples
- 4. Indigenous Peoples and the Implementation of the CRPD in Canada, Australia, and New Zealand
- 5. CRPD-Implementation in Taiwan's Indigenous Peoples
- III. Research Methodology
- 1. Secondary Data Analysis
- 2. Qualitative Interviews
- IV. Research Findings
- 1. Harms Caused by Capitalism and State Hegemony
- a) The Impact of Capitalism and Colonialism on Indigenous Disadvantage
- b) The Absence of Community Services in Atayal Peoples in Yilan
- c) The Main Causes of Acquired Disabilities: Beyond the Social Model-The Experience of Social Suffering in Indigenous Peoples
- d) Disabilities Caused by Illness
- e) Disabilities Caused by Traffic Accidents
- f) Mental Disabilities and Substance Abuse
- g) Alcohol Consumption and Strokes
- h) A Tribe Lacking Support: Social Exclusion Beyond the Concept of Social Barriers?
- i) Inconvenient Transportation and Lack of Resources
- j) Interrupted Education
- k) Informal Labor and Poverty
- l) Family Separation and Social Isolation
- 2. The Concept of Social Discrimination: Absent from the Lives of Atayal Persons with Disabilities
- a) Compassion vs. CRPD's Concept of Social Barriers
- b) The Use of the Term "Disabled": Does Language Matter?
- 3. Unnecessary CRPD Community Services: As Long as There Is Family, No Outside Help Is Needed
- a) Western Community Services vs. The Needs of Atayal Persons with Disabilities
- b) "As Long as Family Is Here, We Don't Need Outside Help"
- c) Survival First: Financial Aid Over Services
- V. Conclusion and Discussion
- 1. Perceptions of Social Discrimination and Barriers Among Atayal Persons with Disabilities
- 2. Social Suffering as a Primary "Disabling" Factor
- 3. Limited Priority for Accessibility to CRPD Community Services
- 4. Indigeneity and Poverty Outweigh Disability-Related Inconveniences
- 5. Tailoring CRPD Implementation to Indigenous Contexts
- G. The Right to Housing and Forced Evictions - Recent Developments
- I. Introduction
- II. Forced Evictions as a Worldwide Problem
- 1. Numbers and Facts
- 2. Reasons for Evictions
- 3. Impact on Human Rights
- III. The Right to Housing in (Inter)national Law
- IV. General Comments as a Cornerstone
- V. The CESCR's Jurisprudence on Housing Rights
- 1. Implementation of the Optional Protocol
- 2. Right to Housing as a Core Competence of the CESCR
- 3. The Views of the Committee as a Concretization of the Right to Housing
- a) The State as the Duty-Bearer Under the Covenant
- b) Concretization of the Requirements for a Lawful Eviction Towards a Proportionality Test
- c) Adequate Alternative Housing and Procedural Requirements
- VI. General Comment No. 26 and (the Right to) Land
- VII. Enforcement and Monitoring Problems
- 1. Lack of Data
- 2. The Enforceability Problem
- VIII. Conclusion
- H. The Concluding Report of Taiwan's Transitional Justice Commission - A Holistic Approach to Transitional Justice?
- I. Introduction
- II. The Case of Bo Yang and the Challenges it Posed to Taiwan's Transitional Justice
- III. The Significance of a Holistic Approach to Transitional Justice as Underscored by the UN
- IV. The Misreading of a Holistic Approach by the Commission and its Impact on the Concluding Report
- V. Challenges of Taiwan's Transitional Justice
- VI. Concluding Remarks
- I. Assessing a Delayed Truth Commission: Progress and Challenges of the Taiwanese Transitional Justice Commission and Its Follow-up Mechanism
- I. Introduction
- II. Transitional Justice Commission and Its Follow-up Mechanisms
- 1. Creation of the Transitional Justice Commission
- 2. Follow-up Mechanisms Since 2022
- III. Progress and Challenges
- 1. Progress
- a) Transitional Justice Commission
- aa) Political archive collection and public access
- bb) Handling of authoritarian symbols
- cc) Preservation of sites of injustice
- dd) Rectification of judicial injustices
- b) Follow-Up Mechanism
- c) Impact of the Incorporation of International Human Rights Laws on Transitional Justice
- 2. Continuity and Challenges of Taiwan's Transitional Justice Process
- a) Institutional Challenges
- b) Insufficient Involvement of the National Human Rights Commission and Civil Society
- c) Lack of Women's Presence
- d) Lack of Social Dialogue
- IV. Conclusion
- J. From Representation to Resistance: Democratic Practices Under Authoritarian Rule in the EU Context
- I. Introduction
- II. Conceptual Framework and Methodology
- III. Copying Putin by Hungarian Standards
- 1. System Opposition vs Anti-System (Real) Opposition
- 2. Dismantling of the Free Press
- 3. The Foreign Agent Label Against NGOs
- 4. The 2013 Russian Anti-LGBTQ+ Law as a Model for Hungary
- 5. Attacks on Academic Freedom and University Autonomy
- IV. Making It Hard for the Rivals: Resisting Autocratic Forces
- V. Nontraditional Representative Tasks
- VI. Conclusions: Oppositional Parliamentary Activities in an Autocratic System in Light of International Human Rights Standards
- K. Concluding remarks
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